Normal Topic Can a POask a judge( NY)2force u to take a poly ? (Read 5759 times)
Paste Member Name in Quick Reply Box britton32
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Can a POask a judge( NY)2force u to take a poly ?
May 5th, 2004 at 6:35am
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Long story short here ... my old babysitter and her friend made up this story that I grabbed their breasts.  I was all ready to go to trial , had my witnesses all set up to go , and the DA offered me a 6 month ACD, if I went to see a counsler and took an evaluation  .  I took it because , #1 there was NO plea and #2 the stress it was putting on my family .

The girls were given 6 month OP's .  Which the friend said I violated when I was grocery shopping with my family . 

Well before I took this ACD I had gottn in trouble for misappropration of funds , and I ended up pleading guity in Dec to petie larceny ... well somehow the girls charge ( when I was shopping ) got covered by this plea .  I was put on probation for petie larceny , until I made restitution .

I had no idea that the thing with the girl would come back to haunt me ... somehow it got put into my probation that I had to comply with the counsler ... which I did .  I passed the sex offender 20 hour exam , with flying colors ... everything came back negative .  BUT now hes not so sure and wants me to take a poly ... I refused ( for the ovious reasons and some not so ovious ...) my PO is violationg me for not complying with the therepist . 

Can the judge MAKE me take a poly ( I'm in NYS) I'm on Probation for petie larceny and the ACD ran out March 15th?!  As far as I know the original sex related charges don't exist anymore ...

Can anyone help me out with this?!
ANy thoughts would be greatly appreciated !


Britt
  
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Re: Can a POask a judge( NY)2force u to take a pol
Reply #1 - May 5th, 2004 at 2:12pm
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Long story short here ... my old babysitter and her friend made up this story that I grabbed their breasts.  I was all ready to go to trial , had my witnesses all set up to go , and the DA offered me a 6 month ACD, if I went to see a counsler and took an evaluation  .  I took it because , #1 there was NO plea and #2 the stress it was putting on my family .

The girls were given 6 month OP's .  Which the friend said I violated when I was grocery shopping with my family .  

Well before I took this ACD I had gottn in trouble for misappropration of funds , and I ended up pleading guity in Dec to petie larceny ... well somehow the girls charge ( when I was shopping ) got covered by this plea .  I was put on probation for petie larceny , until I made restitution .

I had no idea that the thing with the girl would come back to haunt me ... somehow it got put into my probation that I had to comply with the counsler ... which I did .  I passed the sex offender 20 hour exam , with flying colors ... everything came back negative .  BUT now hes not so sure and wants me to take a poly ... I refused ( for the ovious reasons and some not so ovious ...) my PO is violationg me for not complying with the therepist .  

Can the judge MAKE me take a poly ( I'm in NYS) I'm on Probation for petie larceny and the ACD ran out March 15th?!  As far as I know the original sex related charges don't exist anymore ...

Can anyone help me out with this?!
ANy thoughts would be greatly appreciated !


Britt


Yeah George, let's help this guy!  He's obviously a "victim" of those evil, painted up, big breasted, grocery store owners.  Mr. Mashke and friends, I simply never cease to be amazed by the number of truly classy folks and upstanding pillars of society asking for your assistance in circumventing the criminal justice system...WAIT!  What's that I hear?  The sound of rustling bushes?   "Chester The Molester "must be getting ready post his latest round of anti-polygraph diatribe....Smiley

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Re: Can a POask a judge( NY)2force u to take a pol
Reply #2 - May 5th, 2004 at 3:39pm
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you must of completely misunderstood my post .... I am NOT a sex offender ... I pled guilty to petie larceny, after I had taken a ACD that is now over and the original charges DROPPED .   MY violation papers say that the charge is larceny ... and that the special condition of probation was cooperate with the specialized forensic mental health evaluation and follow and treatment recommendations .   I took the test and it all came back negative .   Originally when I took the ACD there was no probation .... I am on probation for the larceny plea and somehow the charge of " contempt of court " for when I was grocery shopping with my family and the girl was also there was covered instead of dropped by my larceny plea ... so thats how this counselr and PO are getting any juristiction over a case that was ACDed two months ago.  The conselr just "isn't sure " thats why he wants me to take the poly .... I say "instead of making me look at pictures of little girls in bikinis and having to rate them sexually , why didn't he just give me a poly in the first place ?!  I don't see a poly as treatment , when I agredd to any recomended treatment afterf the 20 hour evaluation , I meant counseling .  This counsler also originally told me after my tests came back crystal clear that I had a choice of group counseling or taking a poly ... he talked to my PO and all of that changed.

I have problems with stress and my nerves are completely shot because of the legal system... I'm not looking to beat any test , I'm just afraid that the results would be inaccurate  because I am so very very stressed out over the way the legal system is run .

I was told that the contempt of court charge was DROPPED when I took the larceny plea , and when I went to sentencing , the hole thing changed and my lawyer didn't give  damn ... he said whats the difference , you didn't plead guilty to it ... well heres the difference , I'm now on probation for something that I didn't do ... and I'm supose to trust a poly examiner whose job it is to make me come more unraveled then I already am ?!

I'm looking for help and answers here, not ot be call names .

Be careful who you call a molester ...
  
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Stop the poly.The life
you save will be your
own.

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Re: Can a POask a judge( NY)2force u to take a pol
Reply #3 - May 5th, 2004 at 6:51pm
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The system tries to put most all of the difficult conditions 'into' your probation.
This is done so you cannot' contest specifics in your case, because on probation, it then becomes a 'violation' of your probation, wich is language the judge can understand   -trouble maker.
Your a good person, you have rights, you have involved yourself in a bad situation and it will be sticky and you will get an unfair shake, it's the 'American way'.
However you can survive this and continue a happy life, believe me. If you have to take the poly', USE countermeasures, irregardless. If you can get around not taking it, then please, do so! The counseling group would be MUCH better! Focus on the posative things you can do with your case, don't argue all the specifics with your po or judge, however, I would argue the poly'. Some of the legal representatives you deal with have no idea the poly' is fake. Did you ever question it before it became a factor in your life? ...I didn't. The other half of the authorities know the exam is invalid but do not care, they focus on hypothetical justice and see you as an offender    ...who shouldn't have rights.
Do the things you need to do to help yourself through this. Talk to alot of people, exercise to deal with your stress, it is overhwelming, I know.
And for pete's sake, don't respond to the other posted comment. Recognize those who help and those who hurt, don't spend thought or energy on the negative, your worth much more than that!
                                Sincerely, North.
« Last Edit: May 12th, 2004 at 2:19am by Polygone »  
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Re: Can a POask a judge( NY)2force u to take a pol
Reply #4 - May 6th, 2004 at 8:48am
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Dear PolyCrap,

Why don't you work on making the polygraph more reliable? That way, you wouldn't feel so threatened by the people who know what a total sham it is.  If you are not too close to retirement age, you should be learning a new profession (that doesn't mean what you do now is really a profession) so you won't be jobless when enough people finally wake up and smell the polycrap.
  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Can a POask a judge( NY)2force u to take a pol
Reply #5 - May 6th, 2004 at 9:22am
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Yeah George, let's help this guy!  He's obviously a "victim" of those evil, painted up, big breasted, grocery store owners.  Mr. Mashke and friends, I simply never cease to be amazed by the number of truly classy folks and upstanding pillars of society asking for your assistance in circumventing the criminal justice system...WAIT!  What's that I hear?  The sound of rustling bushes?   "Chester The Molester "must be getting ready post his latest round of anti-polygraph diatribe....Smiley

PolyCop



PolyCop,

I think your above reply validates britton32's well-founded concerns about submitting to any polygraph "test." If you were his assigned polygrapher, there is little doubt but that he would "fail" the "test" before even walking into your polygraph suite: you have already made up your mind that he is "guilty" based on a little bit of extra-polygraphic information (and a lot of bias).

Moreover, britton32 has not asked for any assistance in "circumventing the criminal justice system." He merely asked whether in New York State a judge can compel a probationer to submit to a polygraph "test." What possible objection can you have to the asking of this question?

???
« Last Edit: May 6th, 2004 at 10:50am by George W. Maschke »  

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Re: Can a POask a judge( NY)2force u to take a pol
Reply #6 - May 6th, 2004 at 11:38am
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Hi George !

Do you know if this is against my civil rights? Can a judge in NY state force someone to take a poly when ACD has been dropped ?! As far as the legal system is concerned the forcible touching charges don't exist .

I feel I have bent over backwards here for the past year to make the courts happy, comply with the mental health evaluation  and now they want this?!  Whats next , truth serum ? DNA?! *sigh*

Thxs ,
Britt
  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Can a POask a judge( NY)2force u to take a pol
Reply #7 - May 6th, 2004 at 12:21pm
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britton32,

I don't know the answer to you question. I think it would be best to consult a lawyer who is familiar with New York probation law and procedure. The free on-line Martindale lawyer locator service might be helpful in finding lawyers in your area:

http://www.martindale.com
  

George W. Maschke
Tel/SMS: 1-202-810-2105 (Please use Signal Private Messenger or WhatsApp to text or call.)
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Re: Can a POask a judge( NY)2force u to take a pol
Reply #8 - May 10th, 2004 at 4:21pm
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britton32,
The short answer to your question is yes, the judge can order you to take the polygraph.
The fact that the sex charge no longer exists is irrelevant. Many probationers have conditions prohibiting them from alcohol consumption, allowing random drug screenings, etc. Even if those were not factors related to the crime.

I would be more concerned about what the results will be used for then I would about taking it. And take George's advice and seek out an attorney before you go any further.
  

"Most of the things worth doing in the world had been declared impossible before they were done." &&U.S. Supreme Court Justice Louis D. Brandeis
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